the attorney general, lands commission v. mercedes addy

BRIGHT MENSAH JA: Undoubtedly, the instant appeal is in a very narrow compass.

The fundamental issue it raises, is whether the lower court exceeded its jurisdiction when it allegedly granted an additional interest beyond what the parties in the case had agreed upon.

Background: It is on record that on 17/09/2020, the plaintiff/respondent caused to be issued in the registry of the Accra High Court [Land Division], a writ of summons against only the Lands Commission [1st defendant] seeking the following judicial reliefs:

1. A declaration that the Accra Urban Transport Project PH 1 has affected plaintiff’s 0.37 out of her 0.689 acre parcel of land at Pokuase ACP Junction near Amasaman in the Greater Accra Region of the Republic of Ghana.

2. A further declaration that the appropriation by Government of Plaintiff’s 0.37 acre parcel of land at Pokuase ACP Junction for the Accra Urban Transport Project PH 1 constitutes compulsory acquisition of the said land.

3. A declaration that by virtue of article 20(2)(a)&(b) of the 1992 Constitution plaintiff is entitled as of right to the prompt payment of fair and adequate compensation, subject to valuation to assess the quantum of compensation payable.

4. A further declaration that the refusal of defendant-Commission to involve plaintiff’s lawyer(s) in negotiating prompt payment of fair and adequate compensation for and on plaintiff’s behalf is un- reasonable and unconstitutional.

5. An order for the prompt payment of fair and adequate compensation assessed in accordance with the valuation report dated December 2018 and which plaintiff presented to the Land Valuation Division of defendant-Commission for consideration and necessary action.

OR IN THE ALTERNATIVE i. An order for payment of quantum assessed payable by the Valuer in the valuation report of December.

ii.

Interest on whatever sum is certified fair and adequate  compensation assessable for payment.

Significantly, given the nature of the claims before the lower court, the court suo motu made on 04/11/2020 an order joining the Acorney General in the suit as the 2nd defendant.

The order worth reproducing here below, reads in part: ꢀ “By court: x x x x x x ꢀ From the reliefs being sought by the plaintiff, the court deems the A=orney General a necessary party and hereby joins the A=orney General as 2nd defendant to the suit.

Plaintiff is to amend the title of the suit, the writ and the statement of claim and serve same on the A=orney.

Suit to take its nor